claves66

Now that I like....

Ok I hope these threads are never need by anyone else. Ever... With that being said. Eunice is going to help me get the dates changed. I am not willing to Gamble on this. So I am going to request that both Petitions get pulled. I am all for safety. If it adds more time, at less risk. I am ok with that. My family is #1. Now, what reason do I put down for the with draw? This shoud be easy. Remember I have foot in mouth issues....

Great news!!!

You posted that you talked to him.. and you posted (twice in the same breath) that his I-129F was at NVC SO I've been thinking/commenting that the I-129F was an already approved petition (how else can a petition be at NVC).. and spending time trying to think through if it can get approved by the consulate and AOS.. I even PMed Ty to get his advice... I'm done thinking this through... 233852[/snapback] As far the applications on my time line. I filed the I-130, got a receipt. Used that to file the I-129F. Got a receipt. After the receipt of the I-129F was when I got my Divorce papers. That is when I sent in the copy of them. (yes I am still kicking myself) with a copy of the receipt. Called the Uscis and offered an explaination. (you can only do one explainion every 30 days by phone BTW, and it gets "sent" to the office holding the case) Hope this makes the mud clearer..... If it does get rejected how does one explain, well we just changed the dates of the marriage? OK who's head hurts?

Man you must be walking on air. Enjoy the rest of your life. Must be nice not being on hold anymore... Good luck.

The problem I see with your senerio is that if they look at the dates they are going to see that "married". And kick it back as denied. If I pull both back, after getting marriage date changed. I could re-file both and put all dates etc.... More waiting time. But safer?

We could speculate alot.. but even the pursing of a known path (fixing dates, filing corrections) has some unknown (what is the final outcome of this.. will they even accept these changes/fixes?). Certainly some delay will occur. All we know is this: -- I-130 is at USCIC center (petition approval pending). -- I-129F is at NVC (petition already approved). I would 'guess' the I-130 is fix faster (assuming previous steps all work out); my thought is that maybe the I-129F would have to go back to USCIS (I think that only USCIS has authority to approve/fix/revocate a petition). One possible outcome is the ability to apply some fix at the consulate stage.. just unclear if one can truly do this to a petition issue. Frankly, I would say it's possible since a discrepancy found at the consulate interview, as an example (documentation differs from a statement) does not necessarily mean the VO sends it back to USCIS to 'fix' the discrepancy... But here was one comment they made: Another reason to fix earlier than later... 233744[/snapback] Ok this is how I see the "plan". get date of marriage date changed. So need to go back to GZ. and contract someone to assist with paperwork. this is make sure I keep my mouth shut. pull petitions. reload. and beg for forgiveness from the wife.

that would seem logical... Tricky timing since the I-130 is still under USCIS review; and the I-129F is already at NVC... and who knows if they make a new decision before you've done anything... 233684[/snapback] I just had an thought that turned on a light. What about withdrawing the I-130 and letting the I-129F roll? NVC knows nothing about the divorce decree. If the I-130 is withdrawn instead of denied, she might get here on the K3. Then simply file for AOS with no mention of a divorce attached to a non-marriage. Thoughts? 233723[/snapback] I had the same basic thought when I said: in your case, you saying the same premise, except "if the I-130/CR1 is withdrawn".... To file for a I-129F/K3, you must of filed a I-130... and I've read many places how the I-129F goes forward based on a "PENDING I-130"... That's what makes either a denied or withdrawn I-130 difficult to know what this means to the I-129F. I had also read (and cannot find) how the I-129F keeps going to the US for adjustment and the item I cannot find, I thought I remember it as saying that they have to find the I-130 and forward it somewhere (basically pull it out of whatever step it is in and get it immediately sent somewhere, maybe NBC). In some discussion in GUZSpeaks, I questioned the separate processing of the I-130 & I-129F when they went to two different consulates, how much do they truly know about what's happening with the other, etc... GUZSpeak said one consulate would know about any visa denial around the world. I take this to imply they also would know the current status of the petition (whether denied or withdrawn). I think it is worthwhile to understand all possible options, but I truly believe that one involving withdrawing or denying one petition is death to both of them. BUT, I'm still hoping that someone knows the regulation on this !! Given two paths: One with steps of known outcome and one with steps of unknown outcome, I would choose the former. In this situation, the known outcomes are to fix the marriage dates or withdraw, if this is the fix needed; these are taking the initiative based on knowing that something is possibly misrepresented in the paperwork and denial is possible. An unknown outcome is to do nothing to the current petitions and wait it out, whatever the outcome. I find this too much risk (possibly denials on file; and a wife sitting in china with a helpless feeing of the unknown and without control over the outcome). My wife would fry me alive if I pursued this approach. (So you can see where I have learned this choosing of 'known vs unknown' paths... and it is very pragmatic approach in general). 233733[/snapback] David I am gonna get toasted also. I asked eunice. She is a stud, so I am hoping that she can do it. Otherwise I have to ask King to help out. Once again Great board. Thanks to all of you. Prior post I think if I could get the date changed. I could file a type change and send in the new marriage documents. Opinions?

The only reason I would consider adopting my daughter. Sounds silly? Is that my job will allow me 12 weeks to get to know my adopted daughter. So it's my job to make my life more complicated. As Mike said if I just kept my mouth shut the I-130 would have gone thru fine. So I will have to tell my wife and that should be fun. I think I am leaning twords changing the date of my marriage. So i need to find out how this can be done. I am coming there in Sept 26th.. But if I could get it done sooner , that would be nice that way I can make a "typo correction" On the marriage date. All would be good and I could keep the I-139 going. However I need assistance to do this. Don't want to involve Jie until I have an answer to this problem.

It is a divorce decree from a common law marriage....

If you have not applied for a new China visa as yet – apply for a double-entry visa. That will be good for two 30 day visits. However, you must exit China to have your visa re-stamped to start the second 30 day visa/visit. You can exit to Hong Kong or Vietnam depending on which country you are close to. You can have your SO visit her local Police Department and ask if they will “extend” your single 30 day visa. Sometimes they will – of course for a fee. If you have visited China twice before you can apply for a one (1) year multi entry visit visa that is good for a 30 day stay each exit (crossing a border) and re-entry. After you have three (3) or more expired China visas in your USA Passport, you can apply for a one (1) year multi entry visa that is good for a 90 day stay each exit and re-entry. 233638[/snapback] Great!!! Thanks!

You can extend your visa while in China or simply obtain one that allows a longer stay to begin with. I don't know about adoption. 233635[/snapback] www.visahq.com only lists 30 day max. Have any other places in your hip pocket?

Wow, I am sure it was worth the wait. Fantastic.

It seems that I may need to spend some extended time In China, with my wife. Do I just renew the 30 day visa when I am there? Also , maybe this should go in a different thread, but I have a step daughter now. My company will allow me 12 weeks off without pay. To take care of an adopted child. She is my step daughter, can I adopt her? If so what kind of paperwork is involved? Thanks for your suggestions and assistance

233556[/snapback] Ok you are going to have to explain the last part. I am new so break me in slow.... And remember I am an IDIOT. I have a post from a woman on the board to prove it. Wife wil think so also when I tell her we need to "change" the date we got married. (can't wait for that conversation) Do the Chinese understand "Common Law" stupidity? 233559[/snapback] Steve, This is the thread and post I mentioned on the phone but couldn't find. The man in King's office indicated that with a proper explanation (That might require you to hire an attorney to write it.) the marriage to foreigner office would change the marriage date and issue a new certificate. The circumstances of the case were somewhat different but similar in that the marriage Certificate from China preceded the date on the divorce papers. They solved the problem of dates in the US because it was a court or attorney screw-up, so ended up not adjusting the date of the marriage in China. The post simply indicates it CAN be done, if needed. Perhaps Smilingasia or your contacts in Guangzhou can research the how and tell you what is needed from your end. Once you have the new certificate dated after the divorce decree you can start filing again. IF you choose that option, of course. 233563[/snapback] I am waiting for her to call me back. Lee was kind enough to send me a link with Kings address and such. Lee suggestion, if I got this right was maybe to just fix the dates in China, and then fix the i-130/129? Thoughts? I was about to call King and ask. Maybe one of you fine gents would become my lawyer to get this into him? Takers? 233564[/snapback] Ok I spoke to King. Suggestion was I find out if the CHinese marriage was still valid. He is going to have a Chinese lawyer contact me to sort this out. If we are not married. We get married, Again... Thought I was not going to get married but once. (guess I will have to make an exception, the wife is well worth it) {hmm should also think about removing the for sale sign on the truck/house/and dog for a little while.}